Local Government Acts Amendment Act of 1961 (10 Eliz ll No. 42) (Qld)

176 ®ueensimtb '-'~•. ~~=%~0 ----""l,,-;,11.,>,;,/ -~f~ 01t.,} ANNO DEOIMO ELIZABETHAE SECUNDAE REGINAE ••••••••••••••••• , •••• 0 •••• , ••••••••••••••••••••••• No. 42 An Act to Amend "The Local Government Acts, 1936 to 1960," in certain particulars [ASSENTED TO 13TH DECEMBER, 1961] B E it enacted by the Queen's Most Excellent Majesty, by and with the advice and consent of the Legislative Assembly of Queensland in Parliament assembled, and by the authority of the same, as follows:- Short title I. (1) This Act may be cited as "The Local Government Acts Amendment Act of 1961." Principal Act (2) " The Local Government Acts, 1936 to 1960," are in this Act referred to as the Principal Act. C..ollective title (3) The Principal Act and this Act may be collectively cited as " The Local Government Acts, 1936 to 1961."

1961 Local Government Acts Amendment Act 177 2. Subsection (I) of section twenty-three of the " 0 ¥1e~1ctt Principal Act is amended by omitting paragraph (ii.) s. and inserting in its stead the following paragraph :- '' (ii.) The Local Authority may establish the following common funds, namely :- (a) A common sewerage fund in respect of two or more sewerage undertakings ; (b) A common cleansing fund in respect of two or more cleansing services ; (c) A common undertaking fund in respect of- (i) two or more electricity undertakings ; or (ii) two or more water supply undertakings. Save the common funds authorised by this paragraph> the funds shall be separate and distinct." 3. Subsection (3) of section twenty-eight of the Amendments ofs. 28 (3) Principal Act is amended by- (a) omitting paragraph (iii) ; (b) omitting subparagraph (d) of paragraph (iv) and inserting in its stead the following subparagraph :- " (d) That the whole Area is deemed to be benefited or, in any case where the Minister has determined a part of the Area as defined by him to be specially benefited, stating such part." ; and (c) omitting the last paragraph (being the paragraph commencing with the words "Any work or undertaking ") and inserting in its stead the following paragraphs :- " Any work or undertaking for the purposes whereof money is proposed to be borrowed shall be deemed to be for the benefit of the whole Area unless the Minister (who is hereby thereunto authorised) determines that a part defined by him of the Area will be thereby specially benefited.

178 Local GovernmentActs Amendment Act lOEuz. II. No.42, 1961 The Minister may make such determination of his own motion or upon application made by the Local Authority. Such application shall be made by the Local Authority if it is of the opinion that the work or undertaking in question will be for the benefit of a particular part of the Area, but not otherwise." Ao fm s e . n 3 d 2 m e (7 n ) t 4. Subsection (7) of section thirty-two of the Principal Act is amended by adding the following paragraph :- " The Local Authority may in any year make from the general fund payments by way of bursaries to pupils attending schools or colleges in its Area." Amendment of s. 34 5. Section thirty-four of the Principal Act 1s amended by- (a) omitting from the last paragraph of subsection (5) the words " or registered " ; and (b) inserting after subsection (5) the following subsection :- " (5A.) Subsection five of this section applies subject to this subsection. Where the Local Authority is satisfied that a subsisting allotment or portion of land abutting upon a junction or intersection of roads requires to be truncated in such manner as will facilitate the flow of traffic, and that the part of such allotment or portion which will facilitate the flow of traffic has been dedicated for road purposes on a map or plan of subdivision effecting such truncation, the Local Authority may approve of such map or plan of subdivision notwithstanding that the area of the remaining part of such allotment or portion is less than sixteen perches."

1961 Local Government Acts Amendment Act 179 6. Subsection (22) of section thirty-five of the Amendment Principal Act is amended by omitting the words " fifty ors. 35 < 22 > yards", where appearing in paragraph (vii), and inserting in their stead the words " five yards ". 1~ct~ _7. Subsection (1) of section 49F of !he Principal ~r~~n4Act 1s amended by adding the words "or, m the case of Brisbane City Council, by resolution ".